A History of Ancient Near Eastern Law

(Romina) #1
perhaps ultimately by the vizier.^401 While the property effectively
belonged to the workman, he could not alienate or share it with
others. Naturally, people might also build for themselves other struc-
tures which they could in fact freely alienate. This system was bound
to produce disputes revolving around the individual’s right to dis-
pose of a piece of property. In O. BM 5624, for example, there is
a case concerning the inheritance of such a Deir el-Medina tomb,
apparently allocated by the state. The plaintiff declares: “He (the
chief-administrator of the town) gave the tomb of PN to my (fore)-
father by order. My mother, PN, his daughter, was his only child.
He had no male child. His places had remained deserted.”^402
There is evidence in Deir el-Medina for joint property.^403 In
O. Florence 2620, for example, a man transfers possession of a house
to two workers jointly.^404

6.1.2.2 Private individuals make endowments of land in support of
statue cults.^405 These transactions have been variously interpreted.^406
In the New Kingdom, people may link their own funerary or mor-
tuary endowments with those of the kings. For example, a high func-
tionary may create an offering cult to the royal statue. After the
offerings are presented to the royal statue, they are presented to his
own. Such a procedure was thought to provide maximum security
for the mortuary cult—always a concern for Egyptians.^407

6.1.2.3 Plunder and the rewards of successful soldiers also form a
special type of property. The king effectively owned captured ene-
mies, whom he would then distribute to individual soldiers.^408

6.2 Servitudes


Servitudes were occasionally a subject of legal dispute. O. Cairo
25555, for example, seems to deal in part with a conflict over the
right of way, which is decided by oracular decision.^409

(^401) Cf. McDowell, Jurisdiction.. ., 123, 125.
(^402) Allam, Hieratische Ostraka.. ., 44.
(^403) Janssen, Commodity Prices.. ., 531–33.
(^404) Allam, Hieratische Ostraka.. ., 147.
(^405) See Hoverstreydt, “A Letter...”
(^406) Ibid., 117. See also McDowell, “Legal Aspects.. .,” 203ff.
(^407) Allam, “De la divinité.. .,” 29.
(^408) Lorton, “Legal and Social Institutions.. .,” 351.
(^409) Allam, Hieratische Ostraka.. ., 59; McDowell, Jurisdiction.. ., 294.
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